What are the steps to file false complaint on someone that reported false information to DCF?

Question

I had a family member file a false complaint on me, out of spite. What are the steps that I can take to report this false complaint? I know this is not going to be the last of these complaints.

Answer 1

I am not a lawyer.. but my understanding about reports to cps is that you cannot go for slander.  The theory is that people are supposed to feel safe about making reports without being retaliated against.  2 of 3 reports are either false or not proven (not the same thing !).  

At least here in Tx, what I found is that making a false report is actually something cps can prosecute.. but here is the loophole.  They MUST be able to prove that it was something the person KNEW to be false, when they reported it.  That is real hard to have proof of.  The person just says that they "thought" it was happening.  

A family member of mine had several reports filed against her.  I know the person making them, and have enough knowledge that I know it is out of paranoia, and control. At least 4 reports were filed, all of which were when the parents were leaving.. one of those times, the parent left to go to a shelter, due to physical conflict from the grandmother. The pattern is clear outside..grandma is enraged if parents try to leave/move or do things against her beliefs.. and she exaggerates normal things to seem like abuse/ neglect.  I wound up writing a statement to cps, giving as much factual info as I had..but pointing out what I saw as a pattern of spite.

YOU probably know how much is actually spite/revenge, etc. The question is, can you PROVE it? And.. technically, they cannot tell you who made the report (even though you are well aware).

My advice is to personally take time to talk to them, and maybe write a statement to take with you. BE CAREFUL that you stay calm, and have facts, as much as you can.  

Answer 2

Well, what state are you in. It'll help me further with it.

In a general sense, you can sue them for slander. A false of complaint is a false truth. So it fits the realm of slander.

But let me know which state you are in and i get you the code.